Kantara: SC Stays Kerala HC Bail Condition That Prohibited Use Of Song Varaha Roopam In Film

The Supreme Court on Friday granted relief to the director Rishab Shetty and producer Vijay Kirgandur of the superhit film ‘Kantara,’ staying the bail condition imposed by the Kerala High Court, which had restrained the use of the song ‘Varaha Roopam’ in the film.

The bench led by CJI DY Chandrachud and Justices PS Narasimha and JB Pardiwala on Thursday stayed the condition imposed by the Kerala High Court in this regard while granting anticipatory bail to the film’s makers.

The Supreme Court stated, “Petitioner shall present before Investigating Officer on 12th and 13th February. In the event he is arrested, he shall be released on bail forthwith subject to conditions on trial court.”

Actually, the song ‘Varaha Roopam’ has been the subject of two lawsuits filed by Mathrubhumi Printing and Publishing Co. Ltd and Thaikkudam Bridge, the owner of the copyright and creator of another song called ‘Navarasam’ that was released over 5 years ago.

On the basis of a complaint lodged by Mathrubhumi Printing and Publishing Co. Ltd and Thaikkudam Bridge, the copyright holder and creator of “Navarasam” song, respectively, alleging that “Varaharoopam” is a plagiarised version of their song, the Kozhikode Police registered a FIR invoking offence under Section 63 of the Copyright Act. Following the legal action, the video of ‘Varaha Roopam’ was removed from YouTube but not from the film.

While granting anticipatory bail to Shetty and Kiragandur, Justice A Badharudeen of the High Court had imposed a specific bail condition that “the petitioners shall not exhibit the film ‘KANTARA’ along with the music ‘VARAHAROOPAM’ in the film till an interim order or final order after addressing infringement of copyright in this matter will be passed by a competent civil court”.